| [2022] FWCA 869 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mirait Technologies Australia T/A Mirait Technologies Australia
(AG2022/524)
MIRAIT Technologies Australia – Energy Division Enterprise
| Electrical power industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 11 MARCH 2022 |
Application for approval of the MIRAIT Technologies Australia – Energy Division Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the MIRAIT Technologies Australia – Energy Division Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 March 2022. The nominal expiry date of the Agreement is 10 March 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515311 PR739243>
Annexure A
- AGLC
- Mirait Technologies Australia T/A Mirait Technologies Australia [2022] FWCA 869
- Case
- [2022] FWCA 869
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission involved whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the Commission needed to assess whether the bargaining process adhered to the requirements of the Fair Work Act 2009. A significant point of contention was the specific provisions within the agreement that related to classification and remuneration, as well as the procedural fairness of how the agreement was negotiated and presented.
After a thorough review, the Fair Work Commission found that the agreement was made in good faith and contained the required minimum terms and conditions. The Commission determined that the bargaining process was conducted appropriately and that the content of the agreement was fair and reasonable. The Commission also noted that the agreement provided for better terms and conditions than those available under the applicable award, thereby meeting the statutory criteria for approval. Consequently, the Commission approved the Enterprise Agreement, ensuring it would be binding on the parties involved.
The Commission's final order was to approve the MIRAIT Technologies Australia – Energy Division Enterprise Agreement 2022, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship within the Energy Division of Mirait Technologies Australia, providing a clear framework for both the employer and the employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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